Using Legislative "Classroom" Guidelines as Guideline for Fair Use for Posting Copies on Open Web Sites

["Lindsey, S Marc" <lindseym@xxxxxxx>]

To anyone on the list serve:

Here's an intriguing issue I'm looking into:  A university proposes
posting guidelines on the campus web site for fair use.  They suggest
(or imply) using the 1976 "Classroom Guidelines"  for posting copies of
works on open (no password or other copyright protection) web sites.
Classroom Guidelines were intended for making copies of printed works
for the class room and not considered as law. Back in 1976, there could
never have been any intention to apply these guidelines to electronic
publishing.

Under these guidelines, it would entail limiting copies to,

*	A chapter from a book;
*	An article from a periodical or newspaper;
*	A short story, short essay or short poem, whether or not from a
collective work;
*	A chart, graph, diagram, drawing, cartoon or picture from a
book, periodical, or newspaper.

My initial impression is that this may exceed fair use because posting
an entire article, picture or cartoon on the Internet essentially
publishes the work for anyone with a PC and Internet access to see.
Subcribers pay for thier articles. So I don't believe that using
guidelines intended for class room use of copies is a good idea.

It would be particularly interesting to see the opinions of any legal
counsel for a publisher.

Does any one else have an opinion?

Marc Lindsey